The Washington critic., 1887-11-30
THE RAILROADS ANSWER
Colonel Totten Claims the Company
Should Not be ED)oined.
SEVERAL AFFIDAvITs FILED
The Right of the Company to Occupy
the Disputed Land.

Colonel Totten, for tho Baltimore and
Potomac Railroad Company, to-day fled
Lis answer to the Governments bill asking
for an Injunction to restrain the railroad
people interfering with the construction Of
the proposed bridge over the Eastern
Branch.
The answer states that the correctness Of
the fret, second and third paragraphs Of
the Government's bill is admitted. Tho
paragraphs are history Of the incorpora-
tien Of the railroad aud tho circumstances
Of It's entrance into this city.
In answer to the fourth paragraph of the
bill, It is stated that when the road was
built 1t entered the city limits south Of l
street south, as required by Congress, but
that in time, as the Eastern Branch became
filed up, the eity'e limits grew until they
reached nearly to @ street. This was
shown by the diagram printed In THE
CRITIC on the 25th instant.
Answering the fifth paragraph OF the
Governments bill, the defendant denies
in the vicinity without lawful authority,
and says that its lines have been brought
into the city In strict accordance with the
legal requirements.
The defendant also says that It is pro-
posed TO locate the abutment on land
granted 10 the defendant by the act Of Con-
Rress, approved February 8, 1867, and
supplementary acts extending the charter
privilege Of 66.foot right ofway to the
District Of Columbia; that the army officer
In charge Of the erection Of the said bridge
proposes TO locate the western abutment Of
the bridge 10 feet inside the 66-foot right
of-way, within 0 feet of the track, thus
compelling tho railroad to build an embank-
ment further out IN the river In order to
retain their O6.foot right.of-way; that the
water is deep at that point and the work
would be expensive.
CURTAILISa THE coMPAsY's RIGHTS.
The answer denies that the act Of Con-
gress authorizing the bridge gives the right
TO anyone to curtail the rights Of the de-
fendant at this point; that II was the In.
tention Of Congress that the bridge should
commence at the foot OF Pennsylvania ave-
nue, aud not encroach on the rights OF the
defendant, and that the foot of the Avenue
is at the western edge Of the circle, and the
bridge Is not. authorized to commence
within the circle.
In answer to the sixth paragraph Of the
Governments bill the answer quotes the
act Of the Maryland Legislature, defining
the limits of the city, as summarized in
The CRITIC last week. The answer further
eays that there ia no reasonable excuse for
placing the western sbutment 80 near the
natural bank Of the river, outside OF the
railr0ad's right.of-way for It.
The increase IN the defendant's business,
1t is claimed, demands another track at this
point; the proposed bridge is about 1000
feet from tie location Of proposed station
for "cold storage" and other stations are
contemplated near there; the passenger
station at the tunnel 10 not more than 720
rods from the proposed location OF the
bridge, and the company 10 entitled TO even
more than Go feet on that account.
OTHER AFrIDAvITs FILED.
The affidavits Of James Burgess, Samuel
Shelton, Gratz Mordecsi, John A. Par
fridge, b. H. Carter and A. e. Read are
fled with the answer.
The afidsvit Of Mr.. Partridge says that
he was the engineer that located the tracks
OF the b. and p. Road, and that they con-
form With the act OF Congress-.
That OF Mr. Burgess, who has lived at
many yts-s, testihes TO the Hlling In OF the
earth between the bank and tracks, and gen.
orally supports the answ,r.
Gratz Mordecai was civil engineer on
the railroid and worked under Mr.. Par
fridge.
Samuel shslton, another old resident, tes
titles as to the original location OF the
tracks.
Mr.. Reads affidavit is mainly In support
OF Mr.. Carter'e. he testifes that be wsi
told at Colonel Hsins' Office that they
could give the railroad any length Of spar
they wanted, and he answered that all the
railroad desired was that the bridge should
be kent CT from their GO foot right-of-way